looming tomorrow night. thanks for watching us. miss megan is next p.m. i'm bill o'reilly reporting from l.a. definitely looking out forre and you. break being tonight the super tuesday of primary season six states holding elections today, five of them with senate primaries that could help determine the balance of power on capitol hill come november. both parties carefully watching the results tonight to see in particular if republican voters make the same missteps in candidate selection that they made in the past that have cost them so dearly. that's where we begin. i'm megan kelly. a busy night here as we also get word that an outspoken critic of president obama has pleaded guilty to campaign finance violations. is this exactly what the

administration wanted? but first, just a short time ago the associated press calling the kentucky republican senate primary for senate minority leader mitch mcconnell, cruising to an easy victory. however earlier in this race it wasn't so sure. the fall for mr. mcconnell may be a different story whenner faces a strong democrat in that kentucky senate race. meantime in georgia, a crowded republican senate primary is expected to go to a runoff. these are the top three candidates as of right now. what does this race mean? we'll put them on the board any minute now. in oregon, let's go, there an ugly race has unfolded on the gop side between a pediatric neurosurgeon and state representati representative. so that was the question. we watched a bunch of these

republicans having these primaries. what are we watching. i've never heard any of these candidates. what does this mean to me? >> because of harry reid. harry reid is the majority leader of the united states senate, and republicans would like that not to be the case. and the ability of republicans to pick not more conservative or more moderate but most lectable candidates for each senate race will determine whether or not basically that harry reid gets to continue in his job or if the dynamic in washington finally changes. >> now last time around the republicans screwed it up and they chose a bunch of candidates that were not electable. that's why harry reid won re-election because the person he was running against he was demonized there he went. the question this time around what are they going to do this time and what are we seeing tonight? >> we're seeing tonight what we saw in the last batch of primaries and batch before that republicans are making smart choices so far. certainly we've seen

establishment figures like in north carolina win. we've seen outsiders like in nebraska win. in each case the republican primary voter seems pretty savvy. certainly a lot of conservatives wanted mitch mcconneebl punished for being a deal maker. so they passed on him and went with mcconnell who is stronger to go into the general election. in georgia the concern was about congressman paul brown with outspoken views, he made some nazi reference, said some things that caused a lot of comfortableness. he's out of the running right now. the way it looks like right now, the two candidates who are in the leader the two most moderate candidates in the race, surprisingly enough, but what republicans are seeing in georgia what they saw one kentucky that's good news for them. the story that gets overlooked the most important one about

what's happening out in arkansas. tom cotton is a freshman congressman. you've had him on. the republicans recruited him to run in arkansas which is where they want very much to beat incumbent pryor. this is an example how the republican party can retake the senate if they can unite behind strong candidates like tom cotton that's how they do it not by getting into the shouting match that carried us in november. >> he's one of the guys who had his military service attacked by the or side. but here's my question but karl rove will be here later. more and more today we're hearing this theme from democrats. it seems to be coming out of nowhere. we're seeing these sort of establishment republicans win tonight and i don't want to say the tea party is not winning but the more radical tea party is not winning, okay. whatever the word is.

>> right. >> but nonetheless that's not what you would think if you were list listening to debbie wasserman-schultz. they are coming out the same messages over and over saying the civil war in the gop is over, the tea party won. it's engulfed the entire republican party. what do you make of it? >> well, you know, since it's georgia primary night we'll say bless her heart. it's a tough night for her. tough election cycle for a peter. that's the truth. their hope was that florida and kentucky specifically would be chances for them to take red seats because of disastrous primaries for the republican party. didn't happen. and now guess what happens? the scrutiny shifts from within the republican party in georgia it's got to come after a runoff but the scrutiny shifts to the candidate. guess what? georgia is a great example. michele nunn, she's sam nunn's daughter. as scrutiny shifts to her she's

not having a great outing. >> you had a great outing. thanks for being here. >> you bet. we got team coverage tonight of tonight's mid-term primaries. we're standing by to bring us the fallout from the kentucky race results. we're keeping a close eye on the battle in georgia. and we go an unusual showdown in one pennsylvania congressional district. a pro-life democrat is take on three other candidates for a shot in november. shannon. >> reporter: democrats battling for the primary win in pennsylvania's 13th congressional district sparked this question. is there room for a candidate that backs limits on abortion in the democrat party. boyle has been criticized by pro-life and pro-choice. he supports planned parenthood but is taking heat for

supporting law that doctors have admitting privileges in hospitals within 30 miles. the measures have found plenty support in pennsylvania in the wake of multiple murder convictions for a philadelphia doctor. but not everyone approves of those laws. >> he voted for something that successfully closed down six planned parenthood centers in pennsylvania. he is not pro choice and it is a litmus test and he fails it. >> to say you're not pro choice because you want the state to watch abortion clinics. it says a lot where these groups are their ability to tolerate a range of ruse. >> analysts are interested in how a candidate supports a legislation or doesn't affect their electability. also breaking tonight a

well-known filmmaker and outspoken critic of president obama pleading guilty to violating campaign finance laws. hours ago in a federal court in manhattan, dinesh d'souza pleads guilty. >> i don't know. i was facing two charges, megan. the first one was exceeding the campaign financially mitts. the second one was causing the government, the election commission to file a false report and that second charge a maximum of five years in prison. so what happenedcy pleaded guilty to the charge of exceeding the campaign financially mitts and the government agreed to drop the other charge. >> there was never any doubt you

did it. >> right. >> you're defense in this case was not i didn't do it. it was i didn't do it with intent, i didn't do it with the right requisite of mind and selective prosecution of the government who doesn't go after anybody for this kind of crime except one of the president's biggest critics. >> interestingly i didn't say at the beginning, i didn't exceed the limits and now i'm saying the opposite. on the contrary of the facts that i, you know, induced two of my close associates to contribute i reimbursed them. i did do that. it's an end run around the campaign finance law. i did admit doing that from the beginning. but i did contest the issue of selective prosecution, why was i being -- we made a motion before the judge on selective prosecution but in a ruling last week he said no you can't bring that into the case. so what really happened is i was going into a trial with no

defense and so it seemed to me wise to, to have the second charge -- >> why did you think this was selective prosecution. alan dershowitz, ted cruz thought this was selective prosecution. four senators wrote a letter to demand what was the basis for bringing this hagerstown against you. the "the washington times" points out in an-year-old yesterday mr. obama's 2008 presidential campaigns was fined $400,000 for failing to disclose millions of dollars in contributions and missing deadlines for filing excess contributions. no one was threatened with prosecution. is this about you or upholding campaign laws. >> it's remarkable to see the cases that do and don't get pressed. look at harry reid. there's multiple finance campaign things with him. he used money from his campaign finance to pay for his daughter's wedding. you look at numerous other cases

and it seems the obama administration does not choose to push those. so that's really the issue. it's the issue of fair treatment. you know you don't want to have a country where lady justice has one eye open and she winks at her friends and then gives the evil eye to her enemies. >> let me ask you about the substance of it and the violation of law. a lot of our viewers saw your film and enjoyed it. they may not believe you're somebody who would flout the law. why did do you it? >> my long time friend, wendy long, i've known her for 30 years and she was running for senate in new york. her campaign was flailing, and i wanted to help her. so i just chose the wrong and stupid way to do it. i shouldn't have done it. and i'm taking responsibility for it. >> you're going to get jail time? >> i don't know. that's up to the judge. there's a hearing -- there's a sentencing in september and i'll find out. >> do you feel chilled at all from, you know, the kind of work

you do, the kind of films you make now? >> one thing, megan, this is a bit of a scary process. i'm determined to forge ahead. i feel that i got a powerful message. the message of our film "america" that comes out in a month is the issue of justice. very often as conservatives we tout liberty but the american founding when you go back and read the declaration of independence it's an indictment environment justice of the crown and liberty for the american founders was a solution to the problem of justice. so justice is at the center of our film. >> does it scare you >> it's a scary thing to have the federal government that has a lot of power having you in its sights. and so i'm not -- i mean it's a process that i have been going through and i'm not done with it but it's not going to deter me from speaking out on public issues. >> you don't recommend it to others. good luck to you. thanks for coming on. we're taking you thoughts. follow me on twitter and let me know what you think.

karl rove is here on these election results and big news concerning hillary clinton. plus -- >> i don't understand why anybody of the muslim faith would feel dishonored or disrespected by that video. does it change the way i feel about islam or muslims no. >> dennis michael lynch with a look at the controversial al qaeda film at the september 11th museum. plus, andy mccarthy is here to detail how the case can be built against the white house in the va mess that cost some veterans their lives. and then -- marie all and then -- marie all hemingway caught on camera in a [ female announcer ] there's a gap out there. that's keeping you from the healthcare you deserve. at humana, we believe if healthcare changes, if it becomes simpler...

if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things. let's close the gap between people and care. ♪ but they don't yet know we're a family. we're right where you need us. at the next job, next adventure or at the next exit helping you explore super destinations and do everything under the sun. 12 brands. more hotels than anyone else in the world. so wherever you want to be, whatever you want to do, chances are we're already there. save up to 25% and earn bonus points when you book at wyndhamrewards.com.

wbecame your business. anpassion...us points at&t can help simplify how you manage it. so you can focus on what you love most. when everyone and everything works together, business just sings.

>> just hours to the highly-anticipated of the opening 9/11 museum. and we have a sneak peek that some muslim groups are protesting. some groups demanded it be re-edited to remove references to jihad. but the museum denied. >> i don't understand why anybody of the muslim faith would feel dishonored or

disrespected by that video. would it change the way i feel about islam and muslims? no. not one bit. my feelings are long established. jihad, al qaeda, they define the words in there. i learned a lot. >> jihad and terrorist those words need to be in the video because that's what happens. authors events that led up to 9/11. >> does it change your feeling about muslim at all? >> it didn't change my feelings against muslims at all. >> political correctness is what got us here to begin with. they want this word jihad and radical islam out there was. that's totally wrong. that doesn't change my opinion. there's bad people in every culture. that's a bad group who wants to destroy everybody. >> the video didn't sway you at all. >> not at all. >> dennis good to see you. you had a look at this place. it's become so controversial. some believe the terrorists are too high liked, receive too much play, controversy about the remains of the victims still

being in the museum underneath a gift shop where you pick up trinkets and the controversy over this opinion and whether it should be referencing jihad which is a offensive to some muslims. your thoughts on what people are talking about. >> the video is spot on. it can't be changed. as far as i'm concerned. it tells the story. unfortunately the way the story tells itself in the video it almost sounds as if al qaeda quit when the towers came down. that's the part i didn't like. oh, all right everything is done. >> you thought it needed to be harder. >> it need to be brutally hard. this is the biggest attack that ever took place on american soil. 3,000 people died that day. and i watched firemen, some of them i'm related to yesterday when i was at the memorial. they walk right through that room. they won't give that room the time of day. they won't watch the video. they won't look at the pictures

of the 19 terrorists. >> they are prominently displayed. >> you can walk past them. it's not that bad. but in my personal opinion there's no reason for them to be there because you're immortalizing these people. and the next psycho lunatic who decides to do something in manhattan or somewhere across the country, they go there oh, i can get a monument to my name. >> let's talk about the remains because there are still remains of victims there. >> over 1,000. >> now, the placement of this museum is basically there adjacent to a gift shop and some of the survivors, the relatives are saying this is outrageous. >> they are very upset. and, you know, that museum is done beautifully. very tasteful except for the gift shop and food court. the remains is the problem. the families didn't want the remains in there. and they are in there. they are underground.

and the atmosphere outside the museum, megan, it's almost circus like. people walking around with balloons and people going up into the within dwos their face up against the window. that's sacred ground. bicycle guys riding around in bicycles. they have to do something about this. and i don't know about you, but if my family member died, i wouldn't want them buried under the museum by a gift shop and people paying $25 a head coming in. it's completely disrespectful. >> they say you can go in, the holocaust museum in washington, d.c., the pearl harbor museum in hawaii all of them have gift shops. you're talking about 3,000 dead americans and you can buy a sweat shirt. >> or buy a hoodie or baseball cap. that part of it when you walk in there you feel you're in yankee stadium. you know, it seems like this is the sort of thing that always

happens. we can't score, we can't get to the goal line, we get to the five yard line and can't push it over the goal line. >> there will be some controversies with anything like this. they say they need it to help finance the museum and so on. >> the guy running the museum is making half a million dollars. why? >> got to leave it at that. good to have you here. there was a big announcement about hillary clinton earlier tonight that sound like the possible launch of a presidential campaign. karl rove is here. plus john roberts is live in georgia just ahead with some new primary results tonight. up next a bizarre controversy involving actress mariel hemingway, a conservative filmmaker and alleged oil sheik and a conspiracy to keep hypocrisy on the left.

when folks think about what they get from alaska, they think salmon and energy. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america. carsthey're why we innovate.

they're who we protect. they're why we make life less complicated. it's about people. we are volvo of sweden. the next time you nt a dvd, don't bother rewinding it. the way i see it, it's t next guy's problem. oh, larry. she thinks i'm crazy. mm-hmm. but would a crazy person save 15% on car insurance in just minutes? [ chuckles ] [ malennouncer ] 15 minutes for a quote is crazy. with esurance, 7½ minutes could save you on car insurance. welcome to the modern world. esurance. backed by allstate. click or call.

"the kelly file" exclusive. controversial filmmaker james o'keefe is out tomorrow with a new hidden camera documentary that could prove embarrassing to two big hollywood names. one of them is mariel hemingway. but howard kurtz spoke exclusively with the actress caught in the crossfire who are fighting back. i remember her from that film "personal best" and she's a big star. she and ed begly junior are the targets in james o'keefe latest offering. how so. >> they told me they were helping out a friend making a documentary by going to lunch at the polo lunch by meeting with a

big time oil east tycoon. he was hired by james o'keefe. >> their friend says go to this hotel, meet with this sheik and help woo him to give me money which is anti-fracking. >> which the sheik says would help keep the u.s. more dependent on mideast oil. this is all fake. >> so the alleged hypocrisy that o'keefe is trying to highlight these environmentalist stars agree to go meet with this sheik, they don't seem to have any problem with the sheik financing with millions of dollars, a film that's anti-oil, anti-fracking, but willing to take his money and cover up the fact that he's donor. >> they are not getting a dime. >> i'm understanding his case. >> a short time ago mariel hemingway told me that while she should have been more careful she criticized james o'keefe

tactics. let's take a look at that. >> should i have done my due diligence and figured out who this guy was. yes. i shouldn't have trusted my friend had actually vet this guy properly. they say that they set themselves up as a person, as an entity that finds out dishonesty. they are trying to fine who is being dishonest or hypocritical and yet they do this and they have a secret guy with, you know, a fake guy? that's not dishonest? >> what's going on here? she and ed begly jr. the other star, trying to get ahead of this story because james o'keefe will unveil this at the canne film festival tomorrow. how did he get invited to that. >> he has a lot of connections. i found out what happened. i've interviewed james o'keefe a number of times. he's a journalist. the issue i always come back to

him was and same thing with the npr sting -- >> where the ceo got bounced. >> he struck gold because he got an npr person on tape trashing the tea party. how do you justify using deception, using impersonators in toward get a story. doesn't that undermine your credibility. he doesn't think so. but i'll have a problem with it. >> interesting to see mariel hemingway talk about this. it wasn't that she or ed begly jr. did anything so wrong, it was just he's trying to highlight -- >> they were innocent by standers and they are big names. >> she looks great. >> got to give her that. >> see you sunday at 11:00. big news for hillary clinton today as we get word you'll see a lot more in the coming weeks of her. we'll ask karl rove whether this is mrs. clinton's 2016 kick-off.

carl cameron is here for the fallout of mitch mcconnell's primary up next. a new memo surfacing tonight that could prove very embarrassing to va bosses and obama administration. we'll talk about building a possible case against the white house. >> it was going on four years ago >> you're talking about an internal va memo. i would refer to you the ahhh. beautiful day in baltimore where most people probably know that geico could save them money on car insurance, right? you see the thing is geico, well, could help them save on boat insurance too. hey! okay...i'm ready to come in now. hello? i'm trying my best. seriously, i'm...i'm serious. request to come ashore. geico. saving people money on more than just car insurance.

[ male announcer ] we don't sit idle wondering how we're going to build a better truck. we get out there and walk a mile, thousands of miles, in the footsteps of the guys we build trucks for. the groundbreaking ram heavy duty with 30,000 pounds of towing and 850 pound-feet of torque. ♪ and 850 pound-feet of torque. those litt cialis tadalafil for daily use helps you be ready anytime the moment is right. cialis is also the only daily ed tablet helpsapproved to treattime the msymptoms of bph, like needing to go freently. tell yr doctor about all your medical conditions and medicines, and ask if your heart is healthenough for sex. do not take cialis if youtake , as it may cause an unsafe drop in blood pressure. do not drinklcohol in excess. side effects may include headac, upset stomach, delayed baache or muscle ache. to avoid long-term injury,gety if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives,

swelling of the lips, tongue or throat, or difficulty breaing or swallowing, op taking cialis and get mecal help right away. ask your doctor about cialis for daily use and a free 30-tablet trial.

breaking tonight as we first told you at the top of the hour, senator minority leader mitch member connell as survived his primary in which he was challenged by a tea party candidate who made some errors in the race. it was a race democrats had hoped would be a tough and bruising campaign. our chief political correspondent carl cameron is live tonight for us. what happened to matt bevin? >> reporter: rough night. the polls closed at 7:00 and almost immediately the associated press called it for mcconnell. the senate gop leader was never much in danger largely because he prepared for a tea party challenge early and neutralize ad lot of it when he was endorsed by kentucky's other senator rand paul which undercull bevin's candidacy. bevin had tead super p.a.c. support. he made some mistakes like

speaking at a cock rally fighting. both leaders mcconnell and john boehner have easily defeated their tea party rivals. as of tonight we're a quarter way through of the nation's primary. 125 seats had their nominees picked. there's uncalled races tonight. not one incumbent lost to a tea partier. all of them have won. >> senator mcconnell faced democrat grimes. >> she's kentucky secretary of state. she's been slamming mcconnell for months already. mcconnell's favorable ratings are low in kentucky. he can't take anything for granted. he's a major league institution in kentucky who showed tonight in his victory remarks over bevin he'll tie grimes to the president at every opportunity. >> is vote for my opponent is vote for a guy who says coal makes you sick.

a vote for my opponent is a vote for a guy who thinks nothing of this state if he thinks about it at all. a vote for my opponent is a vote for obamacare. and the president who sold it to us on a mountain of lies. >> reporter: both side will pour millions and millions of dollars into this case. it's almost unheard of for a senate leader in either party to get knocked off. he'll fight like it's his last day. >> we'll be watching it. carl, thank you. >> you bet. >> also breaking tonight big news for hillary clinton as abc announces that mrs. clint will be setting down with diane sawyer and robin roberts for lengthy interviews. around the same time as mrs. clinton's new book is released to the public. is this her kick-off? karl rove is a fox news contributor and founder of american cross rods. is this it?

>> reporter: i doubt it. i think this is to promote a book. be hard to go into these interviews and lay out a comprehensive vision of the future for the book and then go back to sell the book. >> you think this is about a book. she doesn't need publicity or money from a book. is this not just an excuse to get people out there with diane sawyer and start making her case? >> well, first of all the book is important to framing any potential run. she says she's not made up her mind, she will make up her mind next year. certainly if you think about running you want to frame your most recent experience most recently her experience as secretary of state in the most favorable light. i'm not sure she benefits from a longer primary season, i think she has a shorter candidacy. the more that she's a candidate

the worse it is for her. she's the front-runner. she doesn't need to have a long contest. she wants to shorten it up, make the contest short so anybody who is thinking about running against her has a shorter time to get their act together. >> let's talk about what's happening in the republican party. we talked with carl cameron how the establishment candidates in the republican party seem to be winning beating back some tea party challengers. and yet listen to the message coming out of some top democrats today. >> the civil war that's been raging in the republican party is really over. the tea party has won it. essentially they have -- they have swallowed the establishment. >> this is not moderates versus tea party. the tea party has taken over the entire republican party. >> the tea party has taken over the republican party. i mean, what republican incumbents learned from 2010 and 2012 they better run and govern like the tea party or --

>> like the conservatives. >> some new talking points. >> yep. this is the kind of stuff you're stuck saying when you're in a deeper hole as the democrats are this year. look, i wrote about this in the "wall street journal" a couple of weeks ago. the reason that republican candidates are winning is because they are uniting the party. they are not discarding their personal beliefs, they are fining a message that can bring people together. that's why you have people like tom cotton in arkansas, steve danes in montana. we had a primary in west virginia shelly moore united airlines the republican party. some national groups that had said we don't think she's conservative enough but she had strong support among hometown people, ran a strong campaign, gave a positive message and 14 points up over the secretary of state. debbie wasserman-schultz, i feel sorry for her in a way because

she will be saying silly things all the way through the november election. that's all they are stuck with. >> in the meantime your group american crossroads has just confirmed a $10 million ad buy targeting four critical senate races. which ones are they and why 10 million bucks. that's a lot of money. >> well, look, for example one of them is north carolina. in the republican primary that just concluded harry reid super p.a.c. spent $4.7 million attacking the front-runner in the republican primary there. the democrat senator spent $2 million. they spent $6.7 million in five or six weeks attacking the republican front-runner who did win the nomination. we'll go in there and help from vied cover to help heal those wounds with $3.6 million. in arkansas the republican candidate was uncontested in the

primary, tom cotton. between two democrat super p.a.c.s they spent $2.6 million. we'll spend a million dollars. some other groups are spending some money. colorado, seven weeks ago, cory gardner entered the race. since then outside groups on the democratic side have spent $1.7 million attacking him. we'll put up $2.3 million to support him. in alaska, $1.7 million spent in recent months by the democrats to attack dan sullivan who is the front-runner in the republican primary. the republican primary is in august and attacking the guy most likely to win the nomination. so we thought he deserved to have some defense. >> karl, thanks for being here. >> you bet. thank you. breaking tonight election returns coming in right now in a crowded republican senate primary race in georgia and it looks like, this one is going to be a runoff. senior national correspondent john roberts is live in atlanta

at the campaign headquarters of the candidate david perdue. john? >> reporter: megan, thanks so much. it's beginning to look like it will be a good night for david perdue. he has been duking it out with jack kingston. but now beginning to pull ahead as we're getting results from the bigger counties. it is, though, looking here in the state of georgia like it will be another win for the establishment and another defeat for tea party. david perdue, businessman, he's running in the lead followed by kingston. then the three cane who are backed up by the tea party, karen handel, congressman phil gingrey and paul broun running behind. who comes out as the victor has bragging rights because it looks

like it will be perdue and kingston. people are expecting a bruising battle. the two have been going after each other in this early primary and go after each other leading up to the 22nd. they want to battle michele nunn who looks like she's poised to do very well. this is a very important race for the republican party. they want the right candidate, somebody that they make sure they keep the seat in the republican column and not like has happened before in the republican party lose something that should have bean sure thing. this is a very important race. >> so interesting. john, thank you. also tonight a middle school cancels its special honors night for students. but after days of controversy it makes a stunning decision. trace gallagher has this unbelievable story. somebody's feelings may have been hurt. a new memo surfacing that could prove embarrassing to this

administration. we'll talk about building a possible case against a white house that knew so much. >> every time my husband reached out to the va they just kept telling him be patient, sir. i'm here to tell you that my dead veteran husband cannot be much more patient than he is much more patient than he is today, but me ameriprise asked e a simple question:

can you keep your lifestyle in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today. to launch a startup from your garage. from computers, smartphones, and 3-d printers to coffee, snacks, and drinks to fuel the big ideas.

yes, staples has everything you need to launch a startup from your garage. mom! except permission to use the garage. thousands of products added every day to staples.com. even safety cones. this week, get maxwell house® original roast ground coffee for $5.99. staples. make more happen.

breaking tonight new evidence that the obama administration was repeatedly and specifically warned that multiple medical facilities were cooking their books to cover up treatment delays of our veterans. we reported last night the president was informed of these issues with these facilities during his transition back in 2008. tonight "the washington post" which broke yesterday's story reports today that a new memo from 2010 shows this administration, again, was made aware of these practices. it happened repeatedly. my next guest says there is

possibly a case to be built against this administration. andy mccarthy is the national review contributing editor and former federal prosecutor. i just want the viewers to know it is not hey, wait times are bad. they are bad, president obama, as you take the reigns be aware. it was specific about don't rust the wait times that the medical facilitys is reporting. this is what they were warned. that va inspector general needs appointed and you need to test the accuracy of the reported waiting times. here we are six years into the administration. veterans have been dying reportedly because of these wait times and now because it's finally coming to a head, and the president says i learned about it from press reports. what can be done? who can be held accountable because even though we don't have the president's memo on this, robert petzel resigned last week -- he was going to leave anyway -- he admits to

seeing these peopleos. >> the political accountability is always more important when you're dealing with the executive branch than any criminal liability. and the person who is accountable for the executive branch, this is shocking, i know, because you never get that sense in the coverage, is the president. actually when the framers put together the executive branch, they repose all of the power not just some of it all of it in the chief executive. the president. they wanted him to be accountable for what everybody did. >> in his defense, if he were ever pursued either politically or legally he would say it's a big government. there's a lot of agencies. i get update. i rely on my cabinet secretary. the one who is not doing a good job should have accountable. >> this president tells government to do everything. he wants government to do more. now he's going tell me it's a big government don't hold me responsible but let me run this, this and that. >> how would you make a case.

i'm questioning. if this happened in the private sector where you had a chief executive who was not managing the system and people were potentially dying as a result of fraud, that had been brought to the attention of the chief executive, knowledge was at least imparted if not in fact held by the chief, the criminal prosecutor would be going after him. >> right. a good prosecutor always wants to find a theme that the jury can look at the facts like a lens through. jury can look at the facts likes a lens through and understand o things better. with respect to this -- and i would say with respect to the obama administration scandals across thead board -- the themee would be fraud.u fraud is the one thread that runs all through this.conspi it's a felony, by the way. you prove it like a conspiracy. that's the box you would try tob put it in to make people th understand what happened. >> it's never going to happen, but shining a light on it, go that's aod different story. >> good to see you.

>> good to see you. >> we'll be right back. $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. introducing at&t mobile share value plans... ...with our best-ever pricing for business. but add brand new belongings from nationwide insurance... ...and we'll replace destroyed or stolen items with brand-new versions. we take care of the heat, so you don't get burned. just another way we put members first, because we don't have shareholders. join the nation.

♪ nationwide is on your side ♪

trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi.

switch to comcast business internet and get two wifi networks included. comcast business built for business. a rhode island meddle school cancels its special honors a rhode island middle school cancels its special honors night because it didn't include everyone. hello. after days of controversy, the school now making a big change. trace gallagher has more. >> that beeping sound trucks make when backing up, we're h r hearing that from the middle school tonight. they said the e-mail could have used a bit more clarity. members of the school community have long expressed concerns related to the exclusive nature of honors night. they cancelled the traditional

honors night and offered a teen-based ceremony. >> how else are they supposed to learn coping skills not just based on success, but relative failur failure? it might not even be failure. >> that's why i strived better this year. i knew a lot of my friends who had gone. >> we had no intention of failing to acknowledgment student exemplary accomplishment. at the end of that note, honors night was back on as planned. now you hear the beeping? >> yes. trace, good to see you.

>> you too. a big night for a powerful senator and fox news is tracking the primary results. "hannity" will have the latest live in a couple of minutes. i'. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there.

and the award goes to ceramics house. congratulations. thank you. the success of your small business depends on results. go vests! all organic, and there's tons of info on our website. that's why you rely on the best for your business. and verizon delivers the best devices on the best network. you're all big toes to me. so go ahead, stream and download with confidence on america's largest, most reliable 4glte network. activate any 4glte smartphone and get $100 off. for best results, use verizon. i'm d-a-v-e and i have copd. i'm k-a-t-e and i have copd, but i don't want my breathing problems to get in the way my volunteering. that's why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours.

and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay. breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. breo won't replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com

i'm saving a ton of time by posting them to my wall. oh, i like that one. it's so quick! it's just like my car insurance. i saved 15% in just 15 minutes. i saved more than that in half the time. i unfriend you. that's not how it works. that's not how any of this works. [ male announcer ] 15 minutes for auote isn't how it works anymore. with esurance, 7 1/2 minutes could save you on car insurance. welcome to the modern world. esurance. backed by allstate. click or call. be sure to tune in tomorrow night the founder of one of the tea be sure to tune in tomorrow night. the fou one of the founders of the tea parties drops a bombshell.

it's a kelly file exclusive tomorrow night at 10:00 p.m. eastern. set your dvr. thanks for watching, everybody. this is "the kelly file." something special is happening right on the other side of that camera. wait for it. this is a fox news alert. election results, they are in on this busy super tuesday primary night. we turn to carl cameron. he's standing by in d.c. tonight with the election results. >> in kentucky from the very start it was clear. it's been clear for weeks that mitch mcconnell would easily beat matt beavan. he couldn't compete with mcconnell's money and organization. mcconnell may have a much tougher general election battle against democrats.